Education, Administration

Section R277-601-3

Standards

Notice of Proposed Rule

(Amendment)

DAR File No.: 33947
Filed: 08/13/2010 11:17:14 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Standards for Utah School Buses and Operations manual was updated. The purpose of this amendment is to change the revision date of the manual within the rule. The amendment also provides clarification about acceptable electronic and telecommunications devices for school bus drivers.

Summary of the rule or change:

Section R277-601-3 of the rule provides the Standards for Utah School Buses and Operations manual updated revision date and clarifies an acceptable use for electronic and telecommunication devices for school bus drivers.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(d)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendment changes a date and provides clarification.

local governments:

There are no anticipated costs or savings to local government. The amendment changes a date and provides clarification.

small businesses:

There are no anticipated costs or savings to small businesses. The amendment changes a date and provides clarification.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendment changes a date and provides clarification.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendment merely changes a date and provides clarification.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2010

This rule may become effective on:

10/08/2010

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-601. Standards for Utah School Buses and Operations.

R277-601-3. Standards.

A. The local board and school district personnel shall act consistent with the manual entitled STANDARDS FOR UTAH SCHOOL BUSES AND OPERATIONS, [1999]2010, which includes information received from Utah school districts, the Utah Transportation Commission, and the Utah Department of Public Safety and is available at each department or agency.

B. STANDARDS FOR UTAH SCHOOL BUSES AND OPERATIONS, [1999]2010, shall include:

(1) Electronic and telecommunications devices

(a) A school bus operator's primary responsibility, consistent with training and policy, is the safety of passengers and the safety of the public at all times.

(b) A school bus operator shall not use a cell phone, wireless electronic device, or any headset, earpiece, earphones or other equipment that might distract a driver from his responsibilities, whether hand held or not, while the school bus is in motion and not appropriately parked or secured. This prohibition does not apply to the safe and appropriate use of two-way radios or to mounted, voice GPS systems. All school districts and public schools that regularly transport students shall maintain documentation of training for bus drivers and employees in the safe and appropriate use of two-way radios.

(c) Once the bus is stopped and safely parked, a school bus operator may use an electronic device for emergencies, to assist special needs students, for behavior management, for appropriate assistance for field/activity trips or for other business-related issues.

(d) A school bus operator may use an electronic device for personal use once a school bus is safely parked, appropriately secured and all passengers are safely off and at a safe distance from the bus, consistent with school district policy.

(e) Any violation of these provisions for emergency or compelling reasons may require documentation and will be addressed by the employing education entity.

(f) Violations of these provisions may result in personnel action(s) against the school bus operator consistent with school district/employer policies.

(g) Private contractors employed by school districts for student transportation shall also adhere strictly to these provisions in addition to the policies of the employer.

(2) End of bus route inspection

(a) At the end of a student delivery, both during the day and after the final route of the day, a school bus operator shall complete the delivery, stop and park the bus, and insure that all students are off the bus.

(b) Where possible, this inspection shall be completed at each school site when delivering students to school.

(c) Following each from-school route of the day, the bus operator shall complete the same type of inspection at a safe location a short distance from where the final student(s) left the bus. If children are found on the bus, they shall be immediately returned to their assigned bus stop location or to an alternate location, consistent with district policy, with express permission from the parents(s).

 

KEY: school, buses, school transportation

Date of Enactment or Last Substantive Amendment: [ June 9, 2009 ] 2010

Notice of Continuation: February 13, 2009

Authorizing, and Implemented or Interpreted Law: 53A-1-402(1)(d); 53A-1-401(3)